Court Holds Serial TCPA Plaintiff — and His Lawyer — on the Hook for the Full Cost of Defending a Fraudulent Lawsuit
October 9, 2026
For years, ecommerce brands have watched a cottage industry of serial TCPA plaintiffs turn marketing compliance into a settlement business. A new order out of the Eastern District of Missouri shows what can happen when a defendant refuses to pay up — and when a court is willing to look past the complaint to the conduct behind it. On Sept 30th, Judge Schelp ordered that Fisher Investments is entitled to recover all of the reasonable attorney’s fees it spent defending against a TCPA lawsuit the court found was brought “in complete bad faith.” Just as notable: the plaintiff’s attorney and his law firm are jointly and severally liable for the entire award.…
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Texas AG Warns Businesses About CIPA Demand Letters
October 5, 2026
The EIA has spent the past two years tracking the growing wave of litigation under the CIPA and fighting to curb this abuse, particularly claims targeting the routine website technologies ecommerce businesses use every day. Now, the issue is drawing attention well beyond California. On September 17, Texas Attorney General Ken Paxton issued a consumer alert warning Texas businesses and nonprofit organizations about a recent surge in demand letters alleging CIPA violations based on common website tools such as cookies, pixels, analytics platforms and search bars.…
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Governor Newsom Signs SB 690: Real Relief for Small Businesses Targeted by Abusive CIPA Lawsuits
October 1, 2026
Governor Gavin Newsom has now signed Senate Bill 690 into law. It's the first meaningful reform of the California Invasion of Privacy Act (CIPA) in decades, and a major win for the online businesses that have been hit with a wave of shakedown lawsuits and demand letters. When SB 690 cleared the Legislature in August, we said small businesses were one step closer to relief. Relief against abusive pen register and trap-and-trace claims is now the law of the land.…
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A Long-Overdue Bill Targets the Political Robocalls Everyone Hates but No One Regulates
September 16, 2026
Every election season, the same thing happens. Phones ring at dinnertime. A recorded voice launches into a pitch for a candidate, a ballot measure, or a donation. The number is unfamiliar, but the person on the receiving end has no legal recourse. On September 8, 2026, Rep. Virginia Foxx (R-NC) introduced H.R. 10310, the Robo Calls Off Phones Act, or the “Robo COP Act,” which would finally close that gap. The Ecommerce Innovation Alliance applauds the Congresswoman for taking on a problem that Washington has managed to ignore for more than twenty years.…
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SB 690 Passes the Legislature: Small Businesses One Step Closer to Relief from Abusive CIPA Lawsuits
August 29, 2026
August 28, both houses of the California Legislature passed Senate Bill 690, sending the first meaningful CIPA reform in decades to Governor Gavin Newsom's desk. The Assembly took up the bill on the floor and the Senate concurred in the Assembly's amendments the same day, clearing the final legislative hurdles with just days left before the Legislature adjourns on August 31.…
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Fourteen Cases, One Ruling: Oregon Federal Court Slams the Class-Certification Door in Wilson v. Freeway Insurance
August 24, 2026
For nearly two years, EIA members have watched a familiar name appear atop TCPA class action complaints: Chet Michael Wilson. Last week, the fight over whether Mr. Wilson may ever serve as a class representative reached a dramatic inflection point. On August 19th, Judge Michael J. McShane granted Freeway Insurance's motion to deny class certification, denied Mr. Wilson's attempt to voluntarily dismiss his own case, and entered evidence-preservation orders reaching both the plaintiff and a non-party law firm — with a written opinion to follow. …
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